Several months ago I received a letter from the City of Beaverton letting me know that I would be called for Jury Duty sometime in the coming months. Then a couple of months ago I received a notice that I would be serving on the 23rd of August. I put it on my calendar and didn't think about it much until this week. I had been called many times for Washington County but this was the first time for the city of Beaverton.
This has been my last week of freedom before returning to work next week so I have been really enjoying these past few days. Doing some things that I don't normally do just because "I can". Remember this fact for later on in my post. It is a powerful thing this "freedom to roam" as we choose.
I jumped on my moped this morning and rode down to the Beaverton City hall for what I hoped was a quick in and out; thanks for coming but we don't need you or want you...
There were 18 of us potential jurors. Only six would be chosen. As luck would have it I was among the first six to sit in the juror box to have the attorneys ask some questions and begin to eliminate those they did not feel would be acceptable for this particular jury. When the defense attorney came to me to ask a question; I answered his question and then he replied; "you should have been a lawyer, we deal with what you just explained everyday". Great....all my thoughts of going home and working in the garden or playing with my granddaughter went out the window with that comment. I was there to stay for the day.
The case was concerning a 41 year old disabled man who after receiving two "exclusion" tickets from the tri-met system for consistently not having fare on the Max train was arrested upon his third offensive within a month for trespassing (considering he was not supposed to be riding the train or on the tri-met property for thirty days).
Both the prosecution and the defensive gave there opening statements and then we had an hour lunch. Once again I was free and a bagel with lox and cream cheese and a Reese's peanut butter cup was lunch and some time to sit in the sun and read my book.
After lunch we heard both sides of the case. This was a man who had really been dealt some difficult things in his life. He was partially blind, had a bad back and was without work or a home. He depended on the Tri-met system to get wherever he went. He had applied for what is called an "honored citizen" card (which would allow him to ride Tri-met at a considerable discount) but did not have it at the time of his first and second encounter with the Tri-met fare controllers. He did receive it before his third encounter but once again did not have the proper fare and ultimately just because he received this "honored citizen" card, didn't mean that he was no longer under the exclusion.
After the closing arguments it was time for we of the jury to go to the jury room for deliberations. I had visions of us being in there for hours without food or drink. The bailiff told us to take our bathroom breaks before we began because once we started deliberating we would not be allowed to leave until we were done.
It took us about 45 minutes of some, at times, heated discussion before we reached a plea of guilty by all six of us. One of the jurors was not completely convinced that the burden of proof beyond reasonable doubt had been met but came to the conclusion that most of her reservation was from bias, racial concerns and sympathy (all of which we had been told were not things we could base our decision on) so she joined us with the guilty decision.
We were taken back to the courtroom, our designated juror gave the verdict we all concurred individually and the judge read the verdict to the defendant and attorneys. The judge then dismissed the jurors but not before extending to us the opportunity to stay and listen to the sentencing. All of the other jurors left without hesitation but I felt I had been there for the past 7 hours and 10 more minutes was not going to kill me.
I found my seat at the back of the courtroom and what transpired next was probably the most profound 10 minutes of the entire day. The prosecuting attorney was asked what his suggestion of a sentence was. He told the judge that not only had the defendant been charged in this case, and a few that he brought up during the trial, but he went on to name 5 or 6 more convictions he had had in the past 10-15 years several of which were related to the tri-met system. The judge then asked the defendant if he was ready for the sentencing or did he want to postpone it 48 hours. He was instructed that if he choose to wait 48 hours he would spend that time in jail. To this he turned to his attorney and had a quite lengthy and emotional conversation. It was very clear that when he came to City Hall this morning he had not planned on being incarcerated at the end of the day. He had a backpack with him and he fully believed he would walk out of that courtroom with either a slap on the hand (figuratively) and a fee or maybe some time in jail but after a few more days of freedom. He was not prepared for what now lay in front of him. The prosecuting attorney suggested he be sentenced to 30 days in jail for each of the two crimes he was convicted of.
As I walked out of the courtroom this afternoon I felt humbled and grateful for the freedom I have. For the ability I had this week to choose what I wanted to do with that freedom. We have that freedom as we follow laws, rules and regulations. We don't always agree with the laws or rules as they are imposed on us but it is our duty to follow them until we are able to change them or have permission to make an exception to them. Should we choose to disobey those laws or rules we subject ourselves to the consequences for our actions. We cannot choose to violate laws or rules and expect that we will still have the ability to make the same choices we were when we were following those laws.
My day in court was one of introspection and gratitude for the freedom we have in this country. Also a gratitude for protection we are given by the laws and constitution which exists in our country. That which protects us as we live the laws but also for those that may stray from them that they still have the opportunity for a fair trial. Yes my last week of freedom was interrupted with a day in court but so be it, for it helped remind me of what a glorious blessing my freedom really is.
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